•
-'
•
iv) They should be advised to find divenions that will lighten their t-motional load and
recharge thOe ability to gi:vc support. If they have
2. $P~use.
partner or other children,
they should spend rime with them. They should demonstrate to their child that there is
life beyond what has happened. This will also aid the child's recovery process and help
the child go on with his or her own life.
v) They may find that they feel over.protective toWllds their child and do not WOUlt to let
them out of their sight However, it is Unpomnt not to restrict the child's play for their
own peace of mind - the child will feel they ate pwlishing him/her
by not letting
him/her play with friends. Playing is also a kind of therapy.
V1) The parents should 2110w the child, as far as possible, to ea.tty on with his! her normal
activiti~ and encourage the "child to participate in any activities available either at school
or in the community.
lbis will divert the child's attention and help
him/ her to
understand thllt things will evenrually get better.
vii) As they tty to deal with the sexual abus'e of their child, they may start to piece together
many dues apd indicators of the child abuse that went unnoticed earlier. lbis
,.
infonnatioo will help them to uod""'tlllld what thcir child has goo. through and the
inJpact. on him or· her.
vili)However. it nu.y also increase their sense of guilt. mi:! they may bhune themselv.es for
.not acting earliu. It is important for such a parent to be told that no par~t/caregiver
can be everywhere' all the time. Instead of tonnenting themselves, they should share
with m tiDderstanding. family membc:t or ·friend about their feelings and emotions; this
will-help them
to move. on.
ix) Where the abuser is not a parent. it is ClUcW for
during this critical an~'painful
bo~
parents to support each other
time. Blaming each othu'for-not protecting their child
will not help solve. me problem. Open or secret blaming on one. of the parents will
further.imPact their ~d's sense of safety and sense of security. ~eir child h2s meady .
.
.
been violated and has aperienced lack: of safety. Therefore, it is critical for both P'UClts
to focus on supporting the child as a tea.tn.-A aisis like this may put a strain on their
nlati"",hip. especially a nlationship that las aIieady been sluky or diIlicult.
x) They .naturally want to comfort, heal and protect ~eit chil~ in the af~c:rmath of a
ttllumatic experience, b.ut their own phrsica1 and emotiOnal energy isn't limitless. If they
try to give too much of themselves throughout the recovery .process, they may find
themsdves resenting or withdrawing just when their dilld needs they most. No one
person -- not even a. parent - can give a child alI the support they need, so they should
hdp their child to spend 'quality time' ..""jlh other pL"Ople who can: :tbou! lhcl"lOtI (".
support in their recovery.
xi)Secklllg profcs~lnnal counselling 1~ important cspeCially If theIr clllld'!:
h "
beh,lviollr;d & t1Tl01ion,ll reactious do nOl subside. Seeking pro(esslun,d lid!, ", .J"
I,
can h(' "cry hdpfill. T;llk to a counsdlor or:J. thcrapist for:1 few sCSStOllS 10 d.-I, "I " !
Pf<..KCS~ their rfllOUnns regarding rhe child's sexual abnsc inCldcnl ,1:- wd:
,1"-,,
con (u"ioll. ..:\ Ir.\lllcd professional wiU be able to (acililJl[(: a IH:aling ami c l ":;I1n
them. Ir IS
impon~/lr
1"1
for them to be able to find strengths to SUppOrl :tllli rc:t.,·, 'f, .1',
child ::1"1(,[ t11ese:. tmuln;ltic experiene<:s.
8.3 Protecting the Child from Fuuher Harm
llcre are somt: ways 10 help protect their c1uld from further abuse and mininU7.I' the I'm'lilunal
u:aurna t1u:it child Illay c.... pc:::rience:
i)
Pn:venl cont:JC! betwceu their child and the offender until all invesugallo1\
place. Explain
10
h,'~,
their child thai he/she should tell them imn1edia1cly j( tlw
1:'1
I)((('l1(kr
atH:mprs to touch or bother them again in any way.
i.t)
Do IIUI talk to the offt11dcr in from of the child.
m)
Conullue to beheve their dlild and do not blame him/her for wh:u happelled.
(,I',PI
fllt'f] child f;Upport alld re,lssuram:e that he/she is okay :lnd sa(c_
i\')
l{(-:;prllld to concems or feelings their child expresses abou1 sexual :lbus(" C<lhnlv_
J -islen to their child hut do not a.~k a lot of questions.
,,)
R(~pl'cl
their child's prh'"aCY by not telling a lot of people. and m:lkc Slltc th:l! ,)llIn
people who '''"OJ,W, don't bring the subject up to their child. Listen to their dllteL hut
don't ;lsk for informatioll on personal safety or details about lhe abuse. Ld dlc
prokssion:lls dr, the:. intClviewing to find out the <.k:t(lils_ ;\ legal C1S('
C;lfl
b"
ncn:llJvdy ;I(fcctcd if the child has been questioned by nou-professillllais.
VJ)
rry (() follow the regular routine around the home: maintaiu til('
USU:l] lx.'(II111lC"~­
chon:." and miL'S.
vii)
1.,(;[ the child's brOlh<:rs and sisters know thar something h:IS h:lppcncd t" ifl( (hil, 1
:lllt'
1h:11 he or she is s:I:e now and will be protected. :tvbl;e :;urc 1"ll;lt all chilclrt:Jl
f:lInil\"
;1J(;
given enough
lnfonnatlon
Oli
personal
saCely
11H"lll~dvc::, from Ih<:: offender wicl10ut discussing tbe d{:I;lil~
\Oiii)
so to be abl..
ttl
:1)
1"1"
IH()lt"d
of th!" meldelll
OJ :llk ;Ibout their feelings with someone they truSl- a friend, rd:ltlv<.', or COl. IS!,!!"r. It
is
lH'~r
out If) di::;cuss their ''\Torries in front of, or with, their children.
[_
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..._- -
...
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•
I
Chapkf 6
Social Workers and Support Pct&ons
1.
As
cialWorker: Inquiry
Section 19(6) of the POCSQ Act, 2012 whue an F.I.R.: has been registered before the
s~ Juvenile Police Unit (SJPU) or local pOlice su.tion in respect of
~t a
the
any offence committed
child under the said Act, the case should be reported by the SJPU or the local polilX to
. d Wdfare Committe< (CWC) within 24 houn.
Ad:di ·otully, as per Rule 4(3), a child is to be produced beforc the
ewe in
the following three
sima 'ons:
i)
re is a rc:ason2ble apprehension that the offence hu been committed or attempted or is
like~
to be conunitted by a person living in the same or shared household with the child, or
il) nJ.e child is living in a child care institution and is without parental support. or
fu) +e child is fOund to be without any bome and parental support.
.
-
Wb+ ~ child is produced bcfo~ the ewe in ~ three situations described above, the relevant
~<! must ptOc~. in accordance
with its powers under sub-section (1) of section 31-0£ the
. e Justice (Care and Protection of Children) Act, 2000
three days, either on its own or
OJ
with the assistance
Act), to make a determination·
of a
Social Worker /Probation
INon-Governmental Organization (NGO)/any other penon found (it
by
the
ewe.
a.s·
ether die child needs to be taken out of the physical OJstody of his/ber &mily or shared
.
.
..
. ,
old and placed in a Children's Home or a Shdter Home.
Ai per: Rule 4(5) of the POCSO Rules, 2012, the ewe should t3ke into account any prttermce
or I ..·on expresSed by the 4illd
..,
pa
~~ the ~tter together wi~. bes~ interest 0.£ the child. ~o,
to making"su~ dete:minatioD, aD inquiry should be conducted in such a ~y that the child
is ri t unnecessarily exposed -to iJIjury or inconvenience.
'IbiS inquiry truly therefore
be conducted either by the ewC·itself or with the aSsistance of a
Worker/Probation Officer/Non·Govemmental Organization (NGO)/any other person.
fi
fit by
the
ewe to be ape'ointed
for this pUrpOse.
Where
a support person lw been
:tppoll1tNllor 1110" dllld, lilt' ;~:lfll<'- p(;r~on may be engaged to conduct the HH.jLllry 11ml,-'!' I\llk
lO assiSI rhe C\VC. Il1
W'\
il~' U)~luil)'.
The Social \Vorker/l'ctJnat!oll O[(i,cr/Non-Gm'ecnlllental Ocg:HllZ11tion (NGt»)/,lIIy (AI'."1
person found fit by 1!JC' C\\"C rJJ:lY prcp:lrc his/her report :lfrcr inrClvll.:wing Ib(~ child ,Iud ')llw)
,lffcclf':~1
per:>oll!; to d('(UIT11I1C tlw rollowing:
(i)
Inc dukl'~
(Ii)
whdher ,he child nec'ds any urgent care such as medical/mental hC:lllh iill' ..... "11""~1
physical
;lJld
emotional Slate;
slwtlcr, CI c"
(110
to IH~ar til(' child's \'crslon o( the circumstances leading to the conCCfll;
(IY)
to !-'.et an lIlsight into rhe child's rdationship wIth his/her p:lrents or gua,c!t:tll
other rerSOtl
(\.)
10
III
whom the child has
truSf
,}I
and confidence;
support' (he child 10 participate ill decisions affecting him accmding II) !II~/I", ;l'~"
:l1ld levd of m:l.turiIY~ :md
2, Guidelines for interviewing the child and other affected and rclt:vant "t'rsons
111(;
lOtCJ'V1CWt'J
\Vh~re
should follow rhe guidelines in Chapte.r 1 in his/ her interacrion with lhc' child.
the child ha-' IJ....cn found 10 be willlOl1t family suppOrt. the inter.... iewer ~hould :d.. II"
child to confirm "dwtller s/he h:ls ll. ecbuv..: or Olher person in whom s/hc h:ls lm:>l :11:"
confidence tc>
SlIpporl
hjlll/hcr, In thiS case, ancmpr should be made
10
conlaCI such
IX'lSOll
.1I1d
inquire whctlR'r s/he is fit ;1II1l willing lo ll.sstUTIe charge of rhe child before a decisioll is lll.\.Wl1
Iv
instillllionaliSI': the clli!cl.
\X/here- ,h(" child 1i;!!1
1>1.>('11
living in a child
ca~
institution prior 10 the abuf:C, :wd tlu- allllSf'" is
alleged 1.0 haw 'x.:cllm~d within lhat in5titution. the interviewer rnw;t confirm this wtth Iht" dlll:l
111 $llch c;;S(~f.,
" r"cQllll11Clld:dioll
would
then
11:1'-'1': (0 be m:lde to tnmsrer dOl' chliJ
fl)
arl<)il1(~r
instill! Iion,
Where thc' .lllq',cc! nfteud('r IS a Il'lemher nf (he child's family or shared hr)u,.'h~nd_ 110,
Interviewer slH,llld COllsider intervIewing the p~rcnt. or glllU"dian or odlct, fallliJy lncllllJCr '11 lh,'
child,
In
dte dtild\ ahsenn. The mtcn,il."wcr should howl.'"Vt:r convl.')' 10 :.Ill P;lrlIC:-> rhll
assllmplion~ h:lvc;
heen madc' ahout whether abuse h:lS oCGlrted, and whether 11 ocelll."i 11
hands nf tbr ;dlcpp.1 offl"llder.
~1l
:j,
·.~_._
....
"
.. '~-
~'
JtetView with the child could «suit in shuing of eonfidentW inJomution. Hence,
An
be ccLducted in a place where the child is assured. of privacy.
The
tntervi~er should
II
,he..",;
.
also consider other children (boys as well as girls) that nuy ha"e had
I
con ct with the alleged perpetr2.tor and recommend to keep the
alle~ perpetrator aW:i~'
frolll
such children. For example, there may be an indication to examine the child's siblinRS or othl',r
chi! en living in the child care institution where the child was abused.
Afte the interview, the following details must be recorded:
(i) A ummary sheet containing &.mily details;
record of aU enquiries made about the ase and the response obtained;
(u)
~or~
(w) A
(tv)
of all conbcts be:tw:een the worker and the child and his or her parents/c:uegw",rs.
l·
record of all contact between the worker and other professio:WS, inclumng \l.il,dc.iT!."':.
l;gements and agreements;
"
summary, to be t.pdated regululy, on tteent events and their significance;
(v)
(VI)
t
repon of all Court p~gs> reviews and any other 'meetings. as well as any ",mid"
mevm.t documentation;
I
.
etails of assessment and outcomes;
(vii)
(viiJ) A record of my decisions made;
l
(a)
copy of any child protection pbns;
(x)
copy of all correspondenoe about the cue.
,
2.1 Social Wodcers/PtobationOffiter's/Non-Govemmental Organization"s (NGO)/:-my
bther petsOn's (found. fit by the CWC) .recommendation Iuid fiiriher
ACti~ by ewe
.
the Social Workul Probation Officer/Non-Govemmeotal OtgUlization {NGO)/:my
.
person found fit
by the ewe concludes, following his/her inte.r:action with "t:b~ chilo ~lld
affectecI"persons. th:a.t the child needs to be removed from the physical custody of hj:';':'I~:r
ts/ guar~/a:regiver, 5/he should make •
..
~nunendation
to the ewe to this cffr('l .
.
'·.-r·
receiving the repo;t of the' Social' ~orket/ Probatiop., Officer/Non-Governmental
" ~tiOti (NGO)/any o!het person found' fit by the
ewe.
has to make' a~
C\'fC
the
,ttt.pu·",tion as to whether. the child must be removed ~om the ~tody of his/her
igu~an/ care giver ~d placed in a Children's Home oi', Shel,ter H~me.,
In making this
.
'natiOn, the ewe shalf ta..k~ into account any preference oi opinlon'exPr~sed by the'child
' .
,
~ttet, 'together.with all relevant fa~to~ that may have a ~~g on·the best intetestS'of
,
having regard to. the considerations referred to in Rul~ 4(5) of POCSO Rules, 20.12,
et, the ewe
•
.
t·
shall as fat as. possible avoid repeatedly ques~ning or interviewing the ch.iid.
port persons: Relevant p~ion
,
. d must have access to support services which provide infotInaJion, emotional~d
"
.
.' ,
I',·· , ,
p~ logicai Support and practical assistance ~ch ate often au,twto the riecovery df the child
!
,-
.i
i'
'
. .
.
him to cope with the aftermath of the crime and ~th J:he stWn 'of any criminal
,
i
. i,
.
'
,
.~
,
t
f
1
I.
tection of Children £ro~al"Offences ACt, 2012 intt~ces.~the.~ncept ota support
p
,:tp
provide
support·~oc'~:'~? through
the,
pre-~;:~~:~ia.bp~s. The. support
peo,-#is;tbus, in II way, a ~aJ 1iJtt11 for ~Child,He caIi;b,~.a.~eful'~ediaw between,
..
' ;
~.'1;jtb<..
, 'iIi'!'"' and ~ ebiId.......
I
,1
1
/." 1 .
~r"lr",
'I.
_
.~;
I'
f,
"
"
1
', .
,
.
''
,
I
" Wi!ftirr Committn, .n;~. rrjxJ1t ...... sob-srdifn (6), ~ 19. ~tbt $1".n Ibt basiJ
TbI'
of
j.twkr sob-mit,
(J),
';
~~ tbt w/Uf oftbtdlild "!'f'(:i'lbtrpan1!t o~~a:f'" "0t/Jd'
,
i,
pm i in ~ tbt dJi/d bat tnu!i#.~,m~jJID~?s~rt!'!'fft, If n.n4f ~ If Ibt ,hilil
In, iJ¥J-ts ofilllMSligttJiinr tJNI iti4J; ,r.ds S1IJ>1xirtpman m4J /so•• /rr'n"'.,"iJi(dsfliion .,w,;ng in ,'''
.
1"'' ' .,.;,.
d#l rights .,. d1iIJ
'.ffUW tJ~ dsilJrrn~ fso,,#'fsbelbr,~1
'hi/4! •pm.n""P'9d I!J tbt DCPU:
,.
. ,
.'
. ,. .'
fUM
I .
baling
,
,,;
,-4Jo/:l~
,
'
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"
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"1
,;,
II41hint in;t6I.!-;';>1u shall fJ!nin<Jtbt dIiId and 8;s1o.r ~tJT;g.anIian tJT otbtr.
PUSil,, itt ~_the &biIJ lias b1U(iituI<,~1ur jro,,/';',libijjthi'oss#oftl1fJ
P'tsoll
or organifationfor .'
' !
.
i
prom,
,
,
p,.",;,wJ tbta
"ngs Nndn- IhI Ad.
,,
.-
.
,
,,'
1bu~, the sUpport" person may. bC'1lPpoin"ted either
'i
.
chiI<l, i
hiS/her family thems....... '
".
~; "
,,
"
.'
';
so
.
I
"
'
by the Child Wd6u:eCbmmittee. or by the'
I ,
. ' <:
---
-"---
,_...
.-...
~.,
•
Rul 4(2) (e) of the POCSO Rules, 2012 states that it shall be the duty of the police
recta a report of
211
C?:ffence to inform the child and his/her.parent
PI
~; 0'('_.,
guudlaIl
.)f
persfn in whom the child has trust and confidence of the availability of suppon
,
'..-lle
O;~.:l
,i<.:es.
'Tt
inclJding counselling, 2nd assist them in contacting the persons who are respQ'lsih!e for
.
P~ding
these services and relief. The police official should therefore inform the child
;\l.i.d
his/ter parent, guardian or other person in whom the child has trust and confidence at ,he
provron for engaging- a support person to hdp him and his/her family through -the
trial
an<i
pre-yut process, and assist them in accessing these services.
Un<tb Rule 4 (9) and (10) of the POCSO Rules, 2012 thc-Speew. Court is to be informed by lh..
SJP~
[eft
or loa! polite ;tation
~bout the appointment and termination of support p"'"''
that the support person also has a role to play before the Special Court. The
$
n auy be C2lled upon by
th~
~llppvl i
Special Court to ascertain infonmtion about the chilri, such :1',
er the child is in a safe and protective environment, preferences of the child in ~
'on, As the supporcpenon is required to assist the child through the entire
,h
",,,.
proce~~,
/,"'1011
s/h..:
also be presc:o.t each time: d1e child is required to attend ~fore the Special Court.
of Support PenoD$
t
The DCPU and the CV!C 6haI1 maintain a list. of persons/ NGOs who m:a.y be
appoltl~\~j
:a.s
"'I'~"pc:non to assist the child 1bis. could include the following:
ns Wotking in the field of child righ,,/ child protection
00
Or
other organisa~on working in the field of child
rights/ child protection, indllding
&e ami its support ~tions
iil)
fIici2ls of a children's home or shelter home
iv)
• employed by the DCPU. including:
) Legakum-Prohation offiCer
~
Socisl wotI=
c) Ouueach worker
d) Cowisd1~r
The
ewe
may
a~~
any professional or any other petson I as' a support person in the !:?est
est of a particulu child However, in such cases. the
.ct
ewe ·must ensure
that
lh~[e
is no
of mtttest in the appointment of the support person. and must also give its felSOOS in .
for having appointed as'support person such professional or person.
S1
- - -..,-.--
_..
~
----._--~
•.
~_
, .. :_ ....
_ _. _ . -
- 11- 4;"' ..... - · - ...
_~.
•
.
.
to) of the POCS<? Rules, 2012 provides that the services of a support person may be
Rule
.
llted by the
t
.
i
ewe upon requeSt by the child or· his/her parent or guan:tian or person ~-'
whJ'I th~ ~ b~ trust md confitnc~ and that ~e child or ~ :~ting the tttInination.
is no requu¢d to gJve any reason foe this request.
Thus .where the child or his/her parent or guardian or person,in :whogl th~ c.h¥d has trust and
::r
enee have reason t~ believe that the support pttsoo is not ~~ in ~t: best int~est o~ the
they rmy request bis/h~ removal. In such a case, a new support ~on Q12Y be proVld~
C with the consent of the child" and hi's/her parents or
or other person in whom
.
by
-
pdi2n
. d hu trust t.nd confidence.
'. ;
> '. •
..••'
..
"
The.; 1;lpport person should fulfil the"requirements of having basic training in communicating
with'
d aJSisting. children
'
.
~f'dia-etent ages
and' bac:kground;i to
p~ent
the
. 1 ·
ris~s
of
1:e~
'.
~
. tica. and lecOoduy victimization. Furth~ the support person must have an
VI
tanding of the·l~ '8.4d <::oJn. proced\ltC$ involved in
POiCl>o ACt. 2012 'He has
.
~~.cond~ct of a: case under _the"" ~
to'be,~
to render concte~ 'SUPko~ to: thtltchild and facilitate_
_.
"',
,I"
,
. •
~e'participatiotl\ ~'nd,tdistw:bing,the p~gsirY·~/hec:pres~ce..
,
,
.
t.
-.
,. '
.
'I:",,!~re. ~. the ~CPU"''''1 ~ far periOllic!Dining "'f"'~!o ~Par1; this iknawlodge .-regaa~.W1dutor~~_CWCfor~tasfl~pOft'.~op.s"
to
.
~
!
.'.
,
,,
,.
.,
... afCbildren'. tlomes.: aile!; Shelter I:\op>e& ",d ~a4 =plClJC<!
o
~
,-_,-;
- .j,
hr.. the bcpu '~e
~ r<eei:ve their mpD,thiy~ at the p~od~.Th~ will be perfarming.,i,e
fwic/lo.. of support pCu6ali ~.:pOrt of the scope af their .wurktand.\vil! ~Vl..c<iv~ adiliU~_
._....#_ioo for tbia work, oza:po
rcimburscmer>t af local.travc! costs ",<!fother miscellaneous
.
.
. '
. diture.
t
righ../ ehiId
co 'tuted
I
GO..
I
. . -
•
.
. {
protcctiOD: apetts
. ,
-
1
.
-
and I(lGOa may De ;.remnn=ted fram the Fund
by the St2te Gove:tnmc:ot under Section 61 of the jj .Act. or under Any other State
_Fund at ..t.. set up by the StAte Govc=,>cnt indudiog DCPU:far this purpose.
.•
. '.
.
.
.
~
•
"
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,
c
.........
-.
._",-_._,
-
.' .l
uti~
and role of a support person :ue given under Rule 4 of the: POCSO Rule:;..(' -'
person is
rt
instrum~tal
in maintaining the: link between: the child and law
,
~
rn,~
Cl:l. '''("t:,.~; ,1,
cities by providing infonnation to the child and his/her family about the progw." c: '~1"
cas
Further, the successful rehabilitation of the child is depencknt on the degree of se.. :;iti
'!l,.
of understanding with which the support persons deals with him the child while
addttssing his/ber problems.
Establishing tnlst with the support person is important and may only h2ppm over 2
period of time: It is therefore advisable to appoint a support person :a.t an eady stage <l~d
to have the same person accompany the child throughout the whole proceedings. The
more the child feds familiar with his/her- support person, the more he will feel at ease.
·
1
It would also be useful to this end if the selection of the support person is done via ~
process involving the child
. ij
D~ons
on when to
catty
out 2.Oy intttViews should as &r as possible take account of
the child's situation and needs_
- ) It is 'important to prevent secondary victimisation by ensuring, that the child is
interVie'\llred as early as pemble. Interaction with authorities should be as easy as possible,
I~
whilst limiting the number of unnecessary intttaetions the child has with them,
) Appropriate steps should be taken to ensun: that the child does Dot have to come into
contact with acOJsed or suspected persons..
4.
Protection Plan (CPP)
stated in Rule 4(7) of the POCSO Rules, 2012 the Child Welfare Crinunittee, aD receiving
.rt under
sub-section (6) of section' 19 of the Act or on the basis of its
asses~ment
under
suI:+Ile (5) lind with the consent of the child and hislher pattllt· or guardi2n 'or other person in
I
. ..
.
wham .the Child bas trust and ronfidence, may provide a support pttson to ~der assistance to
.
--, 1:
the fwd through the procc.os of investigation and ttW. Such support perso» auy be a p=>on or
ation ~rking in th,e field of c¥d righ~ o~ _~d ~rot~on. or ~ official of a children's'
ho
or shdrer home haVlDg custody or the child, '" "I""'0n etnployedby the DCPU.
,
.
.
.
'-~*'the support person has had ~ opportunitf ~tttact with the chi1~' the ~upport pttSo'n
to
sh _
fOtlD~te a ~hild Protection Plan (CPP) in respect of the child. ~p -may ~e,,'submitted to,
the
C and can serve as a wo.tking tool tha~ Should enable the family and ~tofessiotW.s to
un'-
taDd what is expected of them and what they can expect of others. The aims of the plan
are a safeguard the interests of the child, to support the child's wider family and to care for the
chil and promote his/her welfare.
"
in Co'lSI'S wllcrc UIC" .hild h product'd before the
ewe
2012 , :md :m Indindud Care Plan (ICp) as defined
III
undcr Rule 4(3) of tho.: p<)tr;(l ~~'II.
Rule 2 (h) of the Juvenile
Ill' ,'.
and PrnteCllon of ChJidren) Rules, 2007', is being developed (or the child, rhe ahovl.:.
,r,
." I
,I
(l
CPP would sUppl"lllcnf slJr:h )IJ(IIVldu:11 C:trc Pbn (Ie!').
~-
(i)
Idellti!1c;l.lit)n
(J!"
"'. ,I". CPP arc:
current :md pOlenu:tl sources of risk to the child, mdurhng Ill<' (>,,:,.11>11,.1
thl' :thuser:
(ii)
Id.. llliflGIIlOIl 01
srr:"l\o'!~t":; In
protecl the child ;lnd reduce the risks over ill(' I'n:-II"l:ll :t1101
tJ:J'lllwnoJ;
(ill) Jdel1tillclTloll of protecU\'l.: :lspects of the child's silU:lUOIl, whicb
m:l)'
need
1.0
h.
str,:ngthcncd :md (kvdopcd;
(v) COlIs\llu.tiQII :md lll:[;Oliation with the child and his/her pa.rcnls/gu:1rdi:lI1s/ran:glv,·,-:; '·11 til,·
Wlllelt! :1nd letsihl!ity of the plan;
~)r ill formation
(VI) ComnmniUlI inn
(vii) ldentiticaFinn of teSQtl1ccs
bct"\veell aU 1he parlies involved;
lH':CCSS:1fy
to carry out the plan, including [amil), SUI'P'''' ,r"l
•
tre:nmenl services ,,,here required;
(Vlll) COllsldenllloll of rhe POSItlOO of the
(rom thi" Irolll;
ab~se.r alleged
offender ann potential nsks
t()
lh,' chIld
:,n~l,
(ix) Need [or wUlI:;dling:
~ht:
cbjld and hi:;/ber parent:; / guardians / care givers; :,n(\
(x) Nced lot rehabllwuion :"lml compensation
5_ Code of Conduct for Support J'ersons and Social Workers/ l'robation Officcr/Nun-
Governmental
111(: ptim:uy
()r~anizntion (NGO)/an}'
other person found fit
rcspul1sibiJily o( the Support Penon
Offlcer/Non (;ol,lcrnmcUL1.1
O[eaniz~liou
01:
by the ewe
tllc Social
(NGO)/:my other pt'rson
(nllnn
\X"'orkcr/
fil hy lhl':
ProlJauon
('\'(!( Is II'
prolC"ct the child :tnd the child's interests during r..Qnlael widl the criminal justice sysldl1 :tlld 10
l I{nh- 2 (11)' ··llIfliYI.lu,Li <:"ILl' pk"''' i~" <:tJlllplI:_h.en~ive development phlll for:t j""clIll<- or <;:hild 1~"~L-d on "~('
sp"dfic and l~ndn ~I'e("jfic. needs :11111 rhe C1l:~~ hi~tory of rhe iuvenil~ 0( child, 1>r<;I'~[<;d in c<Jn.mlt:'lloll wir.!> fl"
jm'tnik or child. I!J 'J1dcr h) n:'IOI'C the juvenjlc'~ O( child's sdf-esteem. dignity and sdf-wtJrtIJ :lll<! nUllll."C hi", mIl)
J rl'sp,'mibh: cit,z"1\ """ ~u:nn,lll)glJ' the piau ,hall acidn,ss the following needs of a jU"l'llilr' or a child'
0) l-k.1I11 1I<"<'d,;
(11) Em'}lIun,,1 "",I I's)"'hol'''',;cal n<"('ds;
(ui) Edue:tLiollal ;<lId Il1illlll!; n ....,(]s;
(n-) l.elsure• ..-r<":IIl'·ity 1,,,1 play;
(v) ~\tt:l.;hrncnrs and rl'br,ollshlps;
(\'i) PUII"cfl"n from a/ll:i"ds of abuse, Dcgk.....l and mahrethllClll,
(vii) Social n1.ljl1J;lrr~llung; 31rd
(\"lIi) 17,,11,,\1'-1<1' ]'<)1:( td('"s,· ,.,..d n'srr""uoll
--....
•
..._-
•
•
~-_
T
pro ote the wdl-oong of the" child. In geneal, the child's intel:ests UC: the
co
enrian, but the ·Support Person' or Social
.
Work~6/
Probation Officer',; N(,,"·
tal Organization's (NGO)/any other person's (found fit by the ewC)
Gov
P~l,",""'·'
[esp~).,sir.jl.lty
tOJ larger sooety or 10 the case of specific leg.d obligations mayan limited occasion"
ren«
pr
t~·~1'
over the loyalty owed the child, and the child should he so advised_
Forf..stance. where 2. worker in an NGO comes to know that a child who has coJ.Tlc to rum!,",:::'-
has
en saually abused, s!.he is required by tbe.POCSO Act. 2012 to u:poet d~HO ttl!;" p:ethH.
t:1'" ent;a
even in a case where the child expresses his/her reluctance in doing so. In such cases,
and .s/her &mily should be counselled and nude to underst2nd the oblig2.tion to reporl
i) S cial workers/ Probation Officer/Non·Govemmental Organization (NGO)/:my oll,a
to
tht." chtJ
o y in the context of a professional relations~p based. when appropriate, on valid
tnf~)rnJ~d
p son found fit
by
the
ewe and suppott persons should piovide
their services
menl. Where the social worker or support person is being ~pointed through the CW..... , the
:f~~tment should be made; as far as possible with the involvement f the
0)
~ workers/
rn
child
Probation Of6cer/Non-Govemment2l Organizati.on (NGO)/"Wy orner
found fit by the ewe and support persons sqould use cleu and
und(~t:'l~"":'1e
lapguage to inform the child of the purpose of their services, risks related to then
:--(:fVl,
~~s.
rtksonable alt~atives. the child's right to refuse or Withdraw c~ns~t, -and the stagt: up [~
'w
s/he will be available to support the child The
~
should also be
gi\'t:11
dJe'
o portunity to ask questions and clarify doublS.
iiI)
cases where the child is not literate or has difficulty in understanding the Social werker/
~rbation Officer/Non-Govcmm~~ OrgaQ.ization ~GO)/any other. person, found fit by
j~. ewe or support person,
such person should t2ke steps and seek ~~bnce
to ensurl' the
. d's compr.ehension. 'Ibis may inclUde providing the ~ With a detailed verbal
~tion or attanging for a qualified interpreter or translator whenever possible.
.
ivr ... ;woIkers/
on' found fit
Probaaon: -Offictt/NOn-Govemmental ,Organization. (NGO)/any odler
by
the
ewe ~d s~' Persons ~ou1d; provide
services and rCpfl.$Cnt
emselves as competent only within the ,boUndaries of lhm ~ucation, training..eertific>idon,
. ultation .:recrived. supervised expmenee.- or other relevant pro~sional expetience.
v)·
.: worlctts/ Probation
on found fit by the
Officer/~on-~emment21 Organization
(NGO)/any other
ewe and support persons should be alert to and avoid conflicts of
est that interfere with the aercise of professional disaetion and imparti2l judgmenL A
"
... .....
-
'
......
~
""'I" '
-
----'"
__
'¥
,..."-",.,..;.;.'_.".,.,;;;..,..,-_.__
.--'
.~.;;.-;.;.;;.;.
...
••. ..'
_-;;;;,--~: ;~"-""~-------~'--~,,,,p
~-'
•
flict of interest occurs when a social
tionsbip with the child is
co~ptomised.
worke['~
or support person's services to' or
or might be compromised, becauSe of decisiQn~-,'­
or -actions in relation to another child, colleague, him or h~elf, or 'some other third party.
P tential 'or actual
_rt
conflicts' of interest ate very complex si~tionS for: social workers and
,
"
persons, or for any professional for that matter. COnflicts of intaest can
y. diffet:ent contexts. For
OC~
in
~pie, when a supp~rt petSo~ is ~ppointeq by the ewe, ~nd
support person in the dlse or" a child has a family reI;-tionshipwith someone in the
d's family. there could be a conflict of in~~t In such cas~s.
the
,
'
on should
inform
the' child and the
ewe
soci~ worktt or suppo~t
should take ·_~ona.ble
-steps to
resolve the
in ~ manner that makes the' child's interests primary and~p~tects'~e child's intere~ts to
-
.
I ,
'•
, '
greatest extent possible.' In. some cases, protecting th~ child's;:,interests
"
,
-.
'.
...,:-,
'"
'
*y:;
require
.•.•
,~-
,-:
"i'!miJoation of the professional relationship witli proper refettjil 6ft,he child to ~other Social
WPd<e</Support Person,
".,
worlters/ Probation Offlcer/Non-Government.I ,O~tion, (NGO)/any oth",
found fit hf the'
aid support persOns should' n?tA.'*~ ~ Sflvantage'o(any
VI)
ewc
n
cJm.onal relationship oi~espl~it it to futther their: ~n4·r~i~o~~'oli#cal.
'
I
':
ts.
;
:
•...,.._, Social wor..crs/PJ,'kJ"n
:p~n found
"~"
\
;~.
~r business
':
Officei/Non-GOv~t.l:6,g..;lktion(NGO)/'!fiy ",_~
~tt'personS'ptVi4e"'s~~~
two or more
"
r"
1#JpIe" who have a relat;l~>iP: 'with each ,6ih'ii(ro< ~~',~1C's. &mily' members).
, ~ should cl,8~~~'a1l Pu&s,the'natl~"~f.~"wo~',~rofes~'~-::
L' " to ,the' .varioils,<-~ ~~; ~! ~~g'lll~~es .. _~~~ w<?tkets,·wh~;; '. :
~icii..te a con.flict o( isi~~)mong the: ~~dUaIs ~eiymg,:~~, or Whf anticip~t,e. ,.,j
,~!+'mil to perform in p~~ri,illy'cm;flic:tinirol;'shoU1d,di~rtr¥~';nle'~th!thepuries .:
_"',l-'::'",~.'.
,~'.,
J"
iqi'Ol,>edand take approp,riiti·8ction to miniJ1Diie ~y ConOict.bf.jq~esi. r
' ,',' .: 'i
worlters/ Prob~d;';' Oftj~/Non;POV~t>l. ~ti';';, (/"iGO)iany oth~
,
,
fit,ht:'the
GwC
and
;,
•
, :;)
: I
:
","
"'..
",",
"j>'
',',
P!ofson fO»nd fit by the ewe ~ support ~ should Jp~ ~e rojLrsrigli\ to pri6.~
,
.
~tkers and supp~,'~ shouM n~t"solicit 'Private infonnirl~ frori:t the ~d .~
" t , ·
I~,
it hi essential to p~.emces1n'~ best 'interest"'of,the chil<l.
,_"~
ix)
"
•... '
i
'
','
,'"
,
.
wor..crs/ Probation Oflicer/Non-Gov<aunent.I O,:ganizatian (NGO)1ooy other
,.
'.
'
.
ewc
and support persons should protect the iconfidentiality ,of all
,I
,
. '
,
:
' ;
, , : _
irl o.anation obtained in the coUtse of proftssional service. ,except ih· d;ie '.'~ of their ,
'
, ' .
"
'
,,'
p . on found fit by die
i fessioIUJ. duties. Social Wmkers and
,
eni
supp~rt persons mayqisclose'con;6dc:nti2l info~tion
"
I
. "
.
•
,
appropriate with valid cOnsent from the child, or a Pcrs9n
legally ,atitho!:ized to consent
, 1
56
,,
F
,
','
,,
"
•
-~,---_
----
o
behalf of the child and whose interests are not in conflict with that of the child
in
anr
l-kn",~·v,',.
case. socW wprkers and support persons should inform. the.child, to ,\;...
f"X1Cilt
ssible. about the disclosure of coniidential infomution and its potential consequell.:<.·s
) x)'
workers/ Probation Officer/Non-Governmental Organization (N'GO)/anyothl:'t
i
son found fit by _the ewe and suppon persons should not discuss confidcnli;,l
in onnatioo ~ any setting unless privacy can be ensured.
provided in Secfion Section 23 (2) of POCSO Act, 2012; Soci2.l .workers/
P.n~h.lIJ('l11
cer/Non-Governmental Organization (NGO)/any other person found fit by the C\V";,
d support persons should not disclose the identity of the child when. [eSpOndl"~ In c.!'
in en.cting with the mtdia unless perminfii by the Special Court in the best
.
s
dren with reasons reCorded in writing.
~
xU)
.
~ acti~ties
xili)
I
intl"{('s~ "I
workers/ Prol»tion Officer/Non-Govemmental- Oigmiution (NGO)/:my
on found fit
'COIlI2ct
.
ol.ht:t
by the ewe 2nd support persons should under no circwnstances t'ngal~"
or sexual contact with the child 2nd/ or his/her_ relatives; whetheJ°
is consensual or forced. .
In
SlJl.;1
0
urther. they should not sexually harass the child. Sexwl1 harassment inclnUt'$ .;(:;';\.1.11
a
ces, sexual solicitation. requests for sexual favours, and other verbal or physical c.:undu,·1'
~)
wotken/ Probation Officer/Non-Govemmental Organization (NGO)/any 01ho
PFSon found fit by the ewe' and support persons shoo!d not use derogatory language in
~eir written or verbal comm~.cations to or ab~ut the ·child. Social workers
rte
should usc
and respectful language in aU communications to and about the. child.
xv) In the event that services are inteaupted. by factors such as UIl2Vailability due to other
~t=nts. rdocalion. illncss, disability ~r death, th~ ewe "'auld 'Ppoin~another.'ui~,bl,
•
0
workers/ Probation -Officer/Non-Governmental· Organization .(NGO)/any otlwr
on found fit by the
6.
ewe or suppb~ ~on as soon as possible.
Ie ofNon-Govcmincotal Orga~ODS
. . society .organisations (mdepcndent institutions, non-governmental organisatj..ons (NGO:;)
dependent experts) have a positive role to p12y in the
e~e
implementation of the
2J (2): No repoetS in UlJ media sball disdose. the idc:Iltity of the child including his Dam,'o ad,;(t';.S,
Of Uly otha particub.a Which may lead to disclosure of idr:nl1l1'
child. Provided thar for rea10QI to be recorded in wtiting. me S'pecialICourt, competent ro try the ('~,e ImO,·,
et, Jn1Y permir such. disclosure. if.in its opinion ilXh diJclosure u io the inrue.t of the cbild
.ot+"",,,,,. &miJy details. school, ocipbow:hood
POCSO Act, 2012 not rmly 10 r:USlllg pubbc awarellC:;s on c1uldrcn's
nght~,
,I m"w cultun: of child ;Idult reboonships, but also ill prevcl1rjng and
:l~ainst
;llId III ,I;
rc~polldlJl!: i
"
chlldrl'll by provHiing :lctive SUppO,-F to reponed cascs through illru"Hlll:ll
"0:
counselling ;md sen'le!':::; for J:l"hahilit:llion of abused chlldrf';n.
6.1 Relevant legal provisions
The POC$O Act. 2(112 .:nd
I~)CSO
Rules, 2012 e.nvis:lgc Fhc
jl1\·o1vCJll('1l1
pi
support persons (or the dlild, as well as under VMIOliS uthcr prnvislons.
I)
l'vfaking report 10 poltce llnder Sec linD 19(1) of POCSO Act, 21H2 - anI
including'l mcrnbcr o[:ln NCO, may makc
~
,,,I ..
~, ... ;()~
repon under this sectIon. M,Iu
work closely with vulnerable children and :m: in :1 position to dereci child ahuy·
I
111:1.11
cases,:1 child n111) [(cd more com[orL1ule disclusing abuse to an NCO w.)rk\T ra'-
lb.ll
someone III his/her own famIly. An NGO thai has knowledge 01 lhe
~c ...uaf .1 1»;"
child IS also bound by Ihe principle of mandatory reporting under "CCIl""
"f
I)
rocso Acl. 2012.
ii) 1\n N(:;O WOller is indud<.:d in the lerm
"pcr~on
o( trust and conft(\l:l1u''', I ~'(I_~>
.,\1.
I,
person's presence cm be R1_lllcslt:d althe lime of nx:orrnng a statc::melll before.\w I'"hu.
or Magistrate [scC1"lon 26(1)], 'llcdical examination [section 1"(3)1, and Spt.clal (:l'UII
prO<:l.'1·rlinf~s lS':f:lioll
33(4) and 37)-
iii) I\n NGO wurkcr may be :Ippointcd :IS a support pcrson hy Ihe C\VC to :Issisl Ill<" dllkl
through the pn- trbJ and tri:tl procedure (sub-role 7 of rule 4 of POCSO Rules,
~()12).
1\bo, tlw p:lrents, gu:m:llan or othcr person in whom the cbild bas In.lst anJ t:<)I,fldcFlCt'
can approadl :10 NGO to act as a support person (ptOviso to sub-rule -, <..If .,1,> I (.1
PUCSO Rules, 2012).
i\') \'XIbcre all NGO is :lppointccl as the suppor! person, its worker has a riglll ro bl'
'J, 'I ,n,_'
undt'r sub-ruk 11 r;( rult" 4 of POCSO Rules, 2012 of the developments, inr), .. litlJ'. rh,
aucst of thl' :lccuscJ, applications filed and other court proceedings. TIH~
p<:tSOn
v)
In
N(;() ~Il]lp(lrl
turn ('omnltlllFcatcs {hIS ill formation co lhe child and his/her r..,mlly
Tlw NG() as:>bliog;1 child can, under rule 7 o( POC<.;O Rules, 20J2 JJle:"ln
l'!,j":tll"P
(or inferim :md fin:IJ compensation with the SpeCIal Court, :IS wdl as with
,t u'
SClvices AUlhnrity.
I r'al
-_
- ---
....•,•....
•w_
'w
•
. _ ......
I ius been noted that victims of child sex abuse, and often their families, prefet
1
d sedc. advice from an NGO am before they report the
thC:jX>lice.
mat~.le!
E
'oos, the NGO becomes a first pomt of contact for the child, providing
I
advice and assistance to report the matter.
mus' nWnl2m «gular conUct with the SJPU, and local
polic~~l lti.O",
IS
in thci, ale," "'.
~n
a-:'l1oll
,;;n...;
approached by a child and;tH hi".' -,.
eats or guudian or other person in whom the child has trust and confidence
approaches the police, the NGO
" -;,., 11
':ul.:W,~llll.f_.
0r=ra~on. Coopeta80n b~tween the po~ce ~d ~GOs would fa9litate .sp eed y
uctlon of secondary trauma. Where an NGO
"'~
'0'
nll'~:
si
te~
.,~
l,~k
arrange contact with the police. On th..·
Dril('r
d, wh~e the child and/or his/her parents or guudia:!l or other person in whom uJ~ crute!
trust and confidence approach the.police on their own, the poliCe can inform ;!JI'!
it
l ,
to NGOs that offer support and guidance. 1bis course of action ha:.- t... "~
nf=un,ended for the police in IIWly districts, and is followed-in some.
worker is appointed as the designated support person und('( Rule.
;
..
,t
4
P\:lC50Rnles. 2012 sucb. person should refer to the guid~es for support persr.Jfl:li.
6.2
rem!
Common"".
.
..'
..
.'.
.
addition to these support,funcnons, an NGO can also playa Vital role In Idenofylf1!~ ,-,I->,;u
2busc concem.s. A numbtt of NGOs work with children closely, and are aware of tile
'cnlar problems and behaviour of each child. The NGO worku is in a. position to ;\'>':11 ;,
tcl;1 on these children., and to look out f,?r children who are at risk.of sexual abu.~e as wdl
r
fi
:1;;
signs of seru.al abuse even before the child himself may disclose it. In this way, an NGU
~ can contIibutc to· ~e .detection of sexual abuse and to
t:4c initi2tion of
indudiag judiri2l pto=,,,,. in =pee< of the ,exu<! 2bwe.
ICiTll.'1:b.1
.
~::a: the primary cD.ntiel fo, .waren",..p=tiOO· and proactive monitoring of
t
policies·and action. They can contribute to the objectives of the roes;.; Ac.t,
jt.2.by ~din~ tc~al support. to childrm'~ in~~tio~ in .dcveloping.~hild PI~t~ti~r.
Polices addressmg ~sues of recrwtment. morutonng, complaints mecharus~ disClplu-.:u"y
p
, and police reponing within their owri organisational or institutional Sttting;, and
g their staff in this rq;ard They can also train
cwe,
lawyers, doctors and
olh(,
p fessionals who come in contact with children about the POCSO Act, 2012 and
"
to
commUl1Ic:lllll;;
wJ(h uuldrt:ll. in addition
]1rogr:lInme$ [e)r c11ildfC!l and
yOllth,
to
litis, they
C:lll SCI
They on hold cOnSUILJllOnS
up
t::dll";:lllOlJ
with
and
I~J1IllTl"
chJldrt:r) and you1h
I,
undcf:;tand then "il·ws and perspcfllves on the issue of child sexual abust' and pll'VIlJ.' tlwn.
wnh opportunities and W:l.ys lo pur n:cammelldaOolls forward as well:ls opporflllll'i,·<;
Ul\"oln:d
In
"'I"
i
implel!lC'"llt:ltion,
In aJrliliOlJ In thiS,
NGOs C:lll moniror mcdi;} covc.1agc :lnd ensure
Issue. The.\' GlI) ;11"0 rlcvc10p alld disseminate pos!Uon
SCllS1LlVC !nlldhnlj
papers and 01 her ;'0.:;1.1,
"t
'111'-
till
-,11,1
:lw:ltencss malen:lk -Illey nm rrearc alli:lllCcs with other NGOs, business groups. pUV;l11
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2012 and in genf'£;l]m comb:lling the problem of child sc,,"u:1I abuse.